Gray•Duffy, LLP Obtains Summary Judgment for Apartment Management Company in Trip & Fall Lawsuit and Obtains an Award for Costs.

March 2016

Overview

Michael Eisenbaum of Gray Duffy’s Encino office successfully brought a motion for Summary Judgment against the plaintiff in trip and fall lawsuit. Costs were awarded to the firm’s client as a result of judgment in their favor.

Discussion

Jacqueline Price v. G & K Management Company, Inc. On February 13, 2013, at approximately 7:00 p.m., the plaintiff tripped and fell on a rise between sections of the sidewalk located on the walkway in the common area of her apartment complex in Palm Springs, California. The plaintiff fell flat on her face, causing her to sustain a broken nose and a neck injury. Thereafter, the plaintiff sued the management company for the apartment complex claiming that the condition of the sidewalk was unreasonably dangerous, and poor lighting contributed to the accident. After conducting the plaintiff’s deposition, and after attempts to reach a settlement failed, Mr. Eisenbaum filed a motion for summary judgment. The primary basis of the motion involved the application of the trivial defect doctrine, since the raise in the walkway was less than half an inch high. Plaintiff aggressively opposed the motion, attempting to establish a pattern of disregard for the conditions at the property, including the walkways and the lighting as the accident occurred at night. At the hearing on the motion, the Court agreed that the condition of the walkway constituted a trivial defect, and therefore the management company had no duty to repair it. No other persons had ever fallen or even complained about that part of the walkway. Accordingly, the judgment was entered in favor of the defendant’s management company, and costs were awarded to the defendant. The plaintiff did not appeal, making the judgment final.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.